Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the websites, marketing funnels, software platform, and related services (collectively, the “Services”) operated by Shepherd Technologies (“Shepherd,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Accounts

You must be at least 18 years old and have the legal authority to enter into a binding contract to use the Services. If you use the Services on behalf of a business, you represent that you have authority to bind that business to these Terms.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly of any unauthorized access. We may suspend or terminate accounts at our discretion for any violation of these Terms.

2. The Services

Shepherd provides AI-assisted operations software, marketing funnels, lead-magnet content, and related digital products and services. We may add, modify, or discontinue features at any time. The Services are provided to you for your use in accordance with these Terms; no other rights are granted.

3. SMS Messaging Terms

By providing your phone number and consenting on our website, you agree to the following:

• You will receive transactional SMS messages related to your purchase, account, or booking
• Message frequency varies based on your activity (typically 1–5 messages per transaction or booking)
• Message and data rates may apply
• To opt out, reply STOP to any message; you will receive a confirmation and no further messages will be sent
• To request help, reply HELP
• Opting out of SMS does not cancel your account, subscription, or any obligation owed to Shepherd

Carriers are not liable for delayed or undelivered messages.

4. Payments, Fees, and Refunds

Pricing is displayed in U.S. dollars unless otherwise noted. By providing payment information, you authorize Shepherd and our payment processor (Stripe) to charge the full amount for your purchase plus any applicable taxes. Subscriptions auto-renew at the stated interval until cancelled.

Refunds. Unless a specific refund policy is stated at the point of purchase, all sales are final. Where a refund window is offered, refund requests must be submitted within the stated window to support@shepherd.tech and are subject to our reasonable verification. We reserve the right to deny refunds for violations of these Terms, fraud, or abuse of our refund policy.

Chargebacks. If you initiate a chargeback in lieu of contacting us for a refund, we may suspend your account and recover associated costs and fees from you.

5. Intellectual Property

All content, software, designs, trademarks, logos, lead-magnet materials, training, templates, video, and other materials comprising the Services are owned by Shepherd or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your own internal business purposes, subject to these Terms.

You may not: (a) copy, modify, distribute, sell, lease, or sublicense any portion of the Services; (b) reverse-engineer, decompile, or disassemble any portion of the Services; (c) remove proprietary notices; (d) use the Services to build a competing product; or (e) use automated tools to scrape or extract content from the Services.

6. User Content and Feedback

You retain ownership of any content you submit to us. By submitting content, you grant Shepherd a worldwide, non-exclusive, royalty-free, sublicensable license to use, host, store, reproduce, modify, and display that content as necessary to operate, improve, and promote the Services.

If you submit feedback, ideas, or suggestions, you grant Shepherd a perpetual, irrevocable, royalty-free license to use them without obligation or compensation.

7. Acceptable Use

You agree not to:

• Violate any applicable law, regulation, or third-party right
• Infringe intellectual property or privacy rights
• Transmit malware, spam, phishing content, or harmful code
• Interfere with the operation, security, or integrity of the Services
• Attempt unauthorized access to any account, system, or data
• Use the Services to harass, defame, or threaten others
• Misrepresent your identity or affiliation
• Resell, sublicense, or lease access to the Services without our written consent

8. Results Disclaimer

Any earnings, growth, performance, or success representations on our websites, marketing funnels, or in our content are estimates and aspirational examples, not guarantees. Actual results vary based on individual effort, market conditions, business model, implementation, and many factors outside our control. We make no guarantee that you will achieve any specific result.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT ERRORS WILL BE CORRECTED.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHEPHERD OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO SHEPHERD IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to indemnify, defend, and hold harmless Shepherd and its officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of any law or third-party right, or (d) any content you submit.

12. Third-Party Services and Links

The Services may include links to or integrations with third-party services. We are not responsible for the content, policies, or practices of those third parties. Your use of any third-party service is at your own risk and subject to that third party's terms.

13. Termination

We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. You may stop using the Services at any time. Upon termination, all provisions of these Terms that by their nature should survive will survive, including ownership, disclaimers, indemnification, and limitations of liability.

14. Governing Law; Arbitration; Class-Action Waiver

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles.

Binding individual arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Minnesota (or another mutually agreed location, including by videoconference). Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Shepherd agree that disputes will be resolved on an individual basis and not as a class action, collective action, or representative action. The arbitrator may not consolidate claims of multiple parties or preside over any form of class or representative proceeding.

Opt-out. You may opt out of the arbitration agreement above by sending written notice to legal@shepherd.tech within 30 days of first accepting these Terms. Opting out will not affect any other provisions of these Terms.

15. Force Majeure

Shepherd is not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, supply-chain failures, internet or infrastructure outages, or actions of governments or service providers.

16. Changes to These Terms

We may update these Terms at any time. The “Last updated” date at the top reflects the latest revision. For material changes, we will provide reasonable notice (such as a banner on the site or an email to registered users). Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

17. Miscellaneous

These Terms, together with our Privacy Policy and any other agreement you enter into with us, constitute the entire agreement between you and Shepherd regarding the Services. If any provision is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign these Terms without restriction.

18. Contact